B.S. Chauhan, J. - (1.) In the instant case, petitioner has challenged the vires of the provisions of Clause (3) of Regulation 13 of the Bhilwara- Ajmer Kshetriya Gramin Bank (Staff) Service Regulations, 1985, hereinafter called as 'the Regulations' framed by the respondent Bank in exercise of powers conferred upon it by the provisions of Section 30 of the Regional Rural Banks Act, 1976, which indirectly/impliedly links up the seniority of an employee with the date of confirmation.
(2.) Petitioner was appointed as the Officer of the respondent Bank vide appointment letter dated 2.2.1985 on probation for a period of two years. The probation was extended for six months vide order dated 11.2.1987. Under Regulation 8 of the said Regulations, two years probation period can be extended for a further period of one year. However, he stood confirmed vide order dated 16.1.1988, which provided for confirmation with retrospective effect i.e. with effect from 16.8.87. The grievance of the petitioner is that while determining inter-se seniority of the officers appointed in the same batch, his seniority has been determined according to the provisions of clause (3) of Regulation 13 of the Regulations.
(3.) Regulation 13 reads as under: "1 (a) Seniority of an officer or employee of the Bank in a grade or scale shall be reckoned with reference to the date of his appointment in that grade or scale. (b) ..... (c) ...... (2) The inter-se seniority of officers or employees directly recruited in a batch to any grade or scale shall be reckoned with reference to the rank allotted to them at the time of such recruitment. (3) In the case of an officer or employee whose probation has been extended, his seniority shall be reckoned just below all the officers or employees, if any, recruited or promoted in the same batch along with him.";